-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On 31-Jan-07, at 9:20 AM, Nick Ashton-Hart wrote:
Some thoughts:
Since a memorandum of understanding is not a contract, it does not need to provide for jurisdiction like a normal legal contract would do. None of the other MoUs have provisions related to jurisdiction.
Well, an MoU is an agreement between parties. The items ,terms and jurisdiction can be agreed upon. Not sure what the discussion has been like in the other regions .. For North America, it will depend on those who sign the MoU is they want to include provisions related to jurisdiction, transparency and/or other clauses of mutual agreement.
Another question that I have:
It appears that most of the other RALOs are going to choose to elect their ALAC members upon signature of their MoUs. Certainly this is what the LAC region has done, electing both representatives as soon as the RALO was formed in Sao Paulo, with terms of 2 and 3 years to stagger future elections. It appears that Africa will choose to follow the same practice. It is unclear what Europe and Asia will do in this connection at present.
Open discussion on and about the issue has not yet occurred on this list on how to proceed on the issue. I look forward to an informed and well thought out discussion - on that hopefully will include input and contributions from all other regions that have, or will soon be dealing with the issue.
I bring this up because the current draft Operating Principles would require that the regional representatives would be elected not upon signature of the MoU, but several months later at the ICANN International Meeting, scheduled for October 2007 in Asia.
The draft you mention is a first draft - one that still needs considerable amount of review and comment before it can be thought of as a "real" working document. Will a consensus develop in NA on how to develop ? well, that's the real question.. regards Robert -----BEGIN PGP SIGNATURE----- Version: PGP Desktop 9.5.3 (Build 5003) Charset: US-ASCII wj8DBQFFwPTiy4WW7wlGmwMRAtTQAJ40a/7aPX5+H3tTASA5VqIinKLPTgCg6bV4 10ekro7UzuPEiwe/VZxqhLI= =oXRa -----END PGP SIGNATURE-----